Placement Preferences/Active Efforts (ICWA) Case from South Dakota Supreme Court

InreMD

Footnote 4:

4. We are aware of the recent decision of the United States District Court for the Northern District of Texas holding parts of ICWA, including its placement preferences, unconstitutional. Brackeen v. Zinke, No. 4:17-cvoo868-0, 2018 WL 4927908 (N.D. Tex. Oct. 4, 2018). However, the decision may be appealed and ICWA has previously been upheld by the United States Supreme Court. Miss. Band of Choctaw Indians v. Holyfield, 490 U.S. 30, 109 S. Ct. 1597, 104 L. Ed. 2d 29 (1989). Moreover, we are not bound by the decision of the District Court in Texas and must presume that ICWA is constitutional. U.S. v. v. Nat’l Dairy Prods. Corp., 372 U.S. 29, 32, 83 S. Ct. 594, 597, 9 L. Ed. 2d 561 (1963) (noting that Acts of Congress have “strong presumptive validity’); State v. Rolfe, 2013 S.D. 2, ¶ 13, 825 N.W.2d 901, 905 (“Statutes are presumed to be constitutional[.]”).

The Father argued the state failed to provide active efforts when the children were not placed within the placement preferences. The Court did not agree with his argument.

Thomas Ryan RedCorn: “Putting Osage women in control of their own images”

Here, in WaPo.

Friday Job Announcements

Job vacancies are posted on Fridays. Any posts received prior to 12pm EST on Friday will appear in that Friday’s announcements. If you would like to submit a post for an open Indian law or leadership job, please send a brief description of the position and a PDF job announcement to indigenous@law.msu.edu.

Association of Village Council Presidents

Associate General Counsel, A.K. The Association of Village Council Presidents is searching for an Associate General Counsel to conduct typical in-house counsel duties, provide legal advice to a wide range of social services departments, help ensure federal grant compliance, and research issues pertaining to tribal law. Applicants must be licensed to practice law in Alaska or be able to become admitted to practice law in Alaska within one year of hire. Three years of experience in corporate, non-profit, or Native law preferred. Please see the announcement for more information.

Colorado River Indian Tribes

Associate Judge, Parker, A.Z. The Colorado River Indian Tribes is seeking an Associate Judge. The Associate Judge is responsible for fairly and impartially hearing and deciding judicial cases and matters within the jurisdiction of the Colorado River Indian Tribes Tribal Court pursuant to the CRIT Tribal Laws, Codes, Rules and regulations as assigned by Chief Judge. Applications close on November 30, 2018. Please see the job announcement for more information.

Swinomish Indian Tribe

Staff Attorney, Swinomish Village, W.A. The Office of Tribal Attorney advises and represents the Swinomish Indian Tribal Community in Federal, Swinomish and State courts. The Office of Tribal Attorney has seven attorneys and four legal assistants, and provides legal services covering a broad range of Tribal government, economic development, natural resource and Federal Indian law issues.  The Office’s practice includes legal advice, document drafting and collaboration with a wide range of Swinomish policy committees, departments and entities.  The Office’s work includes contract preparation and review; drafting ordinances; economic development activities; intergovernmental issues; treaty hunting and fishing rights and management; reservation lands governance and management; water rights; environmental protection; and Indian gaming, housing and utilities, among other areas.

Minimum Qualifications: Qualified applicants must have graduated from an accredited law school; preferably be currently licensed to practice in Washington, but consideration will be given to applicants able to become licensed to practice in Washington within six months of employment through reciprocity or passing the Washington Bar Exam; have or promptly obtain a valid Washington State driver’s license; have excellent written, oral, research and analytical skills; have strong interpersonal communication and negotiation skills and an ability to thrive in an interdisciplinary and cross-cultural work environment; work well and bring flexibility to a fast-paced and dynamic work setting; enjoy and excel at creative problem-solving; have a demonstrated commitment to working with Native or other minority communities and/or restorative justice; and a commitment to reside on or near the Reservation. Qualified applicants must have experience or demonstrated expertise in one or more of the following subject-matter areas, with at least five years of experience as a practicing attorney: drafting and negotiating contracts; drafting statutes, policies and procedures; litigation, preferably in Federal Court; representing public or private entities; legal support of incubation or operation of Tribal or commercial enterprises, including gaming, hospitality or health services;; taxation; or Indian law; and ability to use a personal computer with Office and timekeeping software and document database. Salary negotiable depending upon experience. Compensation includes a medical, dental & vision health plan, 401(k) plan, generous leave and other fringe benefits.

Native American hiring preferences under Swinomish Tribal Code 14-01.120 will be in effect during the selection of candidates. Applicants must pass a background check and a drug test. To apply, submit the following: Swinomish Indian Tribal Community Employment Application (you may request this application via email); Office of Tribal Attorney Application Addendum; cover letter including an explanation of the applicant’s interest in the position, along with a current resume, the names and contact information for at least 3 professional references, and two samples of the applicant’s own independent writing to: Wendy A. Otto, Swinomish Indian Tribal Community, 11404 Moorage Way, La Conner, Washington 98257, (360) 466-1134, wotto@swinomish.nsn.us.

Last week’s postings: November 16, 2018.

The Onion: “Does Thanksgiving Glorify the Historical Slaughter of the Detroit Lions?”

Here.

WaPo Op-Ed: “Why conservatives are attacking a law meant to protect Native American families”

Here.

Ninth Circuit Materials in Knighton v. Cedarville Rancheria

Here:

Opening Brief

Tribe Answer Brief

Reply

Oral argument video here.

Lower court materials here.

Professor of Tribal Natural Resources

The University of Minnesota’s College of Food, Agricultural and Natural Resource Sciences invites applications for a newly-established tenure-track position (20% outreach/engagement, 30% teaching, 50% research) in Tribal Natural Resources.

In collaboration with Minnesota-based Anishinaabe (Ojibwe) and Dakota tribes and potentially other North American tribes and indigenous groups, the successful candidate will develop a strong and impactful state- and regionally-based research program with national to international relevance. We seek candidates who are highly collaborative, have cross-cultural experience, and who employ integrative approaches to research and outreach. This faculty member must be committed to co-formulation of integrative and collaborative research and outreach agendas in partnership with tribal communities. The focus of the research program will be to advance the integration of traditional ecological knowledge (TEK) and western science systems. A successful candidate will have one or more focal areas of expertise in indigenous customs and knowledge, policy and law, treaty rights, management and co- management of fisheries and wildlife, sustainable forests, habitat protection and restoration, and ecology and conservation of indigenous aquatic and terrestrial biota. The successful candidate’s research will be pursued with a high level of engagement with tribal communities to develop lines of communication that can improve understanding of different ways of knowing. This faculty member will contribute to the academic programs of the college by teaching one undergraduate course every year, plus a graduate seminar every year. Courses envisioned relate to tribal natural resource perspectives and policies and on approaches for integrating TEK and natural resource science information. This faculty member will also be responsible for serving as an undergraduate faculty mentor and advising graduate students. The faculty member will be expected to participate in faculty governance and professional service, and to secure external funding to support research.

Academic Rank and Department Affiliation This is a tenure-track or tenured position; appointment will be at the rank of assistant, associate, or full professor, depending on experience and record of scholarship. The faculty member’s tenure-home and department affiliation will be in the Department of Fisheries, Wildlife and Conservation Biology or the Department of Forest Resources, depending on the candidate’s expertise and interests.

Salary/Benefits This is a 12-month position. Salary is competitive and commensurate with experience and qualifications. Benefits include employee health, dental, and faculty life/disability insurance, social security, faculty retirement and opportunities for professional development, including sabbatical and semester leave opportunities. Benefits are described at http://www1.umn.edu/ohr/benefits/index.html.

Essential Qualifications

• Ph.D. in a relevant field.

• Demonstrated experience and strong interest in working with tribal communities on one or more of the focal natural resource areas described above.

• Demonstrated research experience in advancing the integration of TEK and western science systems.

• Demonstrated experience and interest in teaching.

• Ability to communicate effectively. Both orally and in writing.

• Record of scholarship, i.e., publications in area of natural resource expertise.

Preferred Academic Preparation and Experience

• Demonstrated expertise in natural resource co-management or the integration of TEK in natural resource management decision-making.

• Demonstrated leadership in addressing tribal natural resource issues.

• Experience interacting successfully with stakeholders with diverse cultural perspectives.

• Potential to initiate and sustain extramurally funded research.

• Track record of interacting creatively, collaboratively, and productively on interdisciplinary teams.

• Experience in field and/or case based research and outreach methodologies.

To Apply Submit cover letter, CV, and separate statements describing your vision for the position with respect to the following: teaching, research, and tribal community engagement (maximum of 2 pages each). Additionally, applicants will provide the names and contact information for three people willing to write letters of reference, upon request, not at the time of application. All applications must be submitted online at: https://humanresources.umn.edu/jobs. Click the “External Faculty and Staff Applicants” tab and enter 327413 in the Search Jobs box. Combine all parts of the application (i.e., letter, CV, statements) into a single document before uploading. Additional documents should be attached after application by accessing your “My Activities” page and uploading documents there.

For questions or inquiries about the position, please contact Dr. Kristen C. Nelson (nelso468@umn.edu), Chair of the Tribal Natural Resources Search Committee. Application review will begin on January 7, 2019. The position is open until filled. For questions about the application process, please contact Lori Loberg, CFANS Human Resources, at theis020@umn.edu.

The College of Food, Agricultural and Natural Resource Sciences is dedicated to the goal of building a culturally diverse and pluralistic faculty committed to teaching and working in a multicultural environment and strongly encourages applications from faculty of color, other underrepresented populations and women.

Background Check: Any offer of employment is contingent upon the successful completion of a background check.

Program Unit Description: The University of Minnesota is a comprehensive land-grant university, based in Minneapolis-Saint Paul. Minnesota’s lakes, forests, prairies, wetlands and rivers are widely valued and the state is known for its progressive and innovative natural resource policies and programs. Natural resource departments at the University of Minnesota are within the College of Food, Agricultural and Natural Resource Sciences in Saint Paul. Both Forest Resources and Fisheries, Wildlife and Conservation Biology Departments host BS, MS, and PhD programs, support many nationally and internationally recognized research programs, and have a long tradition of public engagement and extension focused on Minnesota. Faculty and scientists utilize several outstate University centers including the 3,400 acre Cloquet Forestry Center, Hubachek Wilderness Research Center near Ely, and North Central Research and Outreach Center in Grand Rapids. The Department of Forest Resources (https://www.forestry.umn.edu/) is one of the oldest and most highly- regarded forestry programs in the country. Its mission is to inform and advance the science and management of forest and related natural resources. The department has 17 faculty and more than 45 full-time researchers, scientists, and postdocs representing a breadth of disciplines in the biological, physical, social, and managerial sciences. The Department of Fisheries, Wildlife, and Conservation Biology (https://fwcb.cfans.umn.edu/) has 19 faculty and 35 full- time researchers, scientists and postdocs with broad expertise in free-ranging animals, aquatic and terrestrial ecosystems, and the human dimensions of conservation. The mission of FWCB is to foster a high quality natural environment by contributing to the management, protection, and sustainable use of fisheries and wildlife resources. Natural resource faculty at the University of Minnesota have exceptional opportunities for interdisciplinary collaborations across the institution, including with the American Indian Studies Program (https://cla.umn.edu/ais).

The University of Minnesota is committed to the policy that all persons shall have equal access to its programs, facilities, and employment without regard to race, color, creed, religion, national origin, sex, age, marital status, disability, public assistance status, veteran status, or sexual orientation.

 

2019 National Native American Bar Association Annual Meeting

The National Native American Bar Association (NNABA) has announced that its annual meeting will take place on Wednesday, April 10, 2019 at the Sandia Resort & Casino in Albuquerque, New Mexico. Please visit NNABA’s website for more information.

Four Intervening Tribes in Texas v. Zinke ICWA Case File Notice to Appeal and Motion to Stay in Fifth Circuit

New Fifth Circuit page here.

Tribal Motion for Stay Pending Appeal

Finally, the district court’s ruling will cause significant inconsistency throughout the country. As this Court noted in Bryant, when issuing a stay, “[t]he inevitable disruption that would arise from a lack of continuity and stability in this important area of the law” will harm the parties and “the public interest at large.” Id.